TEHRAN – An Iranian pilot and four crew members have launched a legal case against 13 Argentine officials—including the country’s president, senior ministers, and a federal judge—accusing them of kidnapping, torture, and psychological abuse during a five-month ordeal in Buenos Aires.  

The Boeing 747 flight of the "Emtrasur Venezuela" airline, which arrived at Buenos Aires Airport on June 10, 2022, was carrying auto parts for Argentine companies and, after obtaining flight and landing permits, officially and legally landed on Argentine soil. However, Captain Gholamreza Ghasemi and the Iranian crew of this flight were detained in the country for 5 months on false charges by the Argentine judicial system.

Ali Mashayekhi, a lawyer at a courthouse, announced the news of his client's (Captain Ghasemi) complaint against the perpetrators of his hostage-taking and torture and 4 members of the flight crew in Argentina, stating: "Following the illegal and contrary to international obligations actions of some Argentine officials against the Emtrasur aircraft and the hostage-taking, torture, and physical and mental abuse of the crew and their families for 150 days, five of the victims of this crime have filed a lawsuit in the Tehran General Court of Law against the managers, sponsors, and then and now officials of Argentina and the United States, requesting an investigation and claiming damages."

He added: "In this lawsuit, citing the fundamental principles of international law, international treaties, and the domestic laws of the Islamic Republic of Iran, we have demanded compensation for all material and moral damages incurred and joint and several condemnations of the relevant officials and institutions in Argentina and the United States."

Captain Ghasemi's lawyer stated: In this incident, Captain Ghasemi, as a prominent Iranian pilot instructor, and the flight crew consisting of 16 Venezuelan citizens and 4 Iranian citizens, were suddenly arrested and barred from leaving without any specific charges. According to the documents obtained, this action by the Argentine police and judicial authorities was based on a scenario designed by the Zionist regime and the United States, which caused the aforementioned individuals to be detained without the right to a real defense and in inhumane conditions, and to suffer numerous mental and psychological injuries and material losses.

Stating that this hostage-taking and mental and psychological torture took place at the request of the Zionist lobby Daya and in cooperation with the Israeli Embassy in Argentina and two members of the Argentine Parliament, he noted: Unfortunately, in this incident, in addition to the mental and psychological injuries to the Iranian elite and flight instructors, their families were also subjected to severe mental harassment due to the continuous publication of false news and were deprived of their basic rights to visit due to the failure to issue visas by the Argentine government.

Referring to the failure of the conspiracy against his client, Ali Mashayekhi said: Despite designing a complex scenario to impose false charges by the security and judicial authorities of the time in Argentina, Israel and the United States, which was accompanied by nighttime arrests and searches, confiscation of personal belongings and long-term detention in difficult security conditions, in the end, due to the lack of evidence and the professional pursuit of the defendants' legal team, the Argentine government and judicial system were forced to surrender to justice and the release of the named individuals.

He added: In this lawsuit, the Argentine government as a legal entity, along with 13 government and judicial officials of that country, including the president, ministers of foreign affairs, security, justice, a federal judge, a prosecutor, and several members of parliament, have been named as defendants. The Delegation of Argentine Israelite Associations (DAIA) and the United States government have also been sued as parties to the lawsuit for their role in the arrest and imposition of political pressure on Argentine officials.

Regarding the legal basis of his client's petition, Captain Ghasemi's lawyer stated: "This petition is based on various domestic laws, including the Iranian Jurisdiction Law in Civil Lawsuits Against Foreign States, the Law on the Obligation of the State to Protect Citizens Affected by US Actions, and the Civil Liability Law. International treaties such as the Chicago Convention (1944), the Tokyo Convention, the Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, and the 2004 UN Convention on the Immunity of States are also cited as documents cited in the case."

Referring to the international dimensions of this case, Ali Mashayekhi said: "Based on the attached documents, this arrest was carried out in cooperation with intelligence agencies of some countries, including the United States, and media and political pressure from Zionist lobbies in Argentina." Legal analysts have assessed this action not only as a violation of international law but also as a means of exerting political pressure on Iran and Venezuela.

Regarding the legal significance of filing a lawsuit against the Argentine government, he stated: "This lawsuit is one of the documented legal actions against a foreign government for violating the rights of Iranian citizens at the international level, which has been ongoing in Iranian courts, and can serve as a basis for similar actions by other Iranian victims of the actions of hostile governments."

Ali Mashayekhi emphasized: "After filing a legal lawsuit, the victims of this crime will file a criminal complaint against the perpetrators and assistants of this crime with the legal authorities on charges of kidnapping, hostage-taking, torture, and illegal detention."